Juvenile DNA collection and testing limited: PETITIONER F v. BROWN (COA 2/22/2008)

PETITIONER "F" V. BROWN
CRIMINAL:  Juvenile DNA Testing
2006-CA-002450
PUBLISHED: AFFIRMING IN PART, AND REVERSING AND REMANDING IN PART
PANEL: VANMETER PRESIDING; COMBS, MOORE CONCUR
COUNTY: FRANKLIN
DATE RENDERED: 2/22/2008

The issue in this appeal is whether the Franklin Circuit Court erred by granting summary judgment in Brown’s favor as to whether the DJJ could collect DNA samples from seven unnamed juveniles. For the following reasons, CA affirmed in part and reversed and remanded in part.

KRS 17.174 applies to juveniles who have been adjudicated public offenders for the commission or attempted commission of offenses defined in KRS 17.170 or KRS 17.171. However, the statutes do not require samples to be taken from juveniles who have been adjudicated of burglary. The DJJ was not required to promulgate any administrative regulations prior to its implementation of DNA sampling as required by KRS 17.174. Weighing the totality of these circumstances, the collection of the appellants’ DNA samples is reasonable, and does not violate the appellants’ right to be free from unreasonable searches and seizures.

Digested by Scott C. Byrd
www.olginandbyrd.com

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